LAST REVISION: June 25, 2012
Welcome to OfferUp. OfferUp is an interactive online service offered by iDeal Technologies, Inc. ("IDeal Technologies", "we" or "us") that distributes content supplied by third party merchants and provides consumers with transactional capabilities to connect with buyers. All offers on goods and services, are offered by the seller. IDeal Technologies is not responsible for and does not guarantee the performance of any such goods or services.
You must be thirteen (13) years or older to use the OfferUp Service. If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the OfferUp Service.
Unless otherwise indicated, the OfferUp Service and all content, and other materials on or available through the OfferUp Service, including, without limitation, the IDeal Technologies logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the "Materials") are proprietary to IDeal Technologies or its affiliates or licensors, and are protected by U.S. and international copyright laws. Except as otherwise provided, subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the OfferUp Service, (ii) cause the Materials to be displayed from a single computer or mobile device and (iii) use the Materials, solely as permitted under this Agreement (the "License"). IDeal Technologies and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
You will comply with all applicable laws. Additionally, you will not:
engage in any unauthorized use of the OfferUp Service or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses);
transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the OfferUp Service, (ii) may expose IDeal Technologies or its affiliates, licensors, or users to any harm or liability, or (iii) is unlawful, untrue, or otherwise objectionable;
transmit or otherwise make available any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
copy any portion of the OfferUp Service or Materials or any underlying content or source code;
reverse engineer, disassemble or decompile any portion of the OfferUp Service or Materials, or otherwise attempt to discover or re-create the source code to any software;
distribute the software or source code behind the OfferUp Service or Materials to any third party;
make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the OfferUp Service or Materials;
remove, alter, or obscure any copyright or other proprietary notices of IDeal Technologies or its affiliates or licensors in any portion of the OfferUp Service or Materials;
obscure or disable any advertisements that appear on or through the OfferUp Service;
use any type of automated means to utilize the OfferUp Service or Materials;
access without authorization any networks, systems, or databases used in providing the OfferUp Service or any accounts associated with OfferUp Service, or to access or use any information therein for any purpose;
attempt to probe, test, hack, or otherwise circumvent any security measures;
violate any requirements, policies, procedures or regulations of any network connected to the OfferUp Service;
use any of the OfferUp Service in any manner that could damage, disable, overburden, or otherwise impair the OfferUp Service (or the networks connected to the OfferUp Service);
interfere with or disrupt the use and enjoyment by others of the OfferUp Service or the Materials;
falsely state, impersonate, or otherwise misrepresent your identity;
use the OfferUp Service or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
use the OfferUp Service or Materials in any manner that exposes the Company to any harm or liability of any nature;
use the OfferUp Service or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
Termination of License
IDeal Technologies may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the OfferUp Service or Materials, or any other IDeal Technologies service, or (iii) use the OfferUp Service or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Termination of Services
IDeal Technologies may discontinue, terminate, suspend or shut down the OfferUp Service at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the OfferUp Service or otherwise publicly proclaiming such discontinuation, termination, suspension or shut-down. Upon any such action by IDeal Technologies, your License shall automatically terminate with respect to the affected OfferUp Service and you must immediately stop using all affected OfferUp Service.
In order to access certain parts of the OfferUp Service, you may be asked if you want to create a OfferUp account (an "Account"). In connection with creating a Account, you must provide certain information ("Registration Data") and answer all inquiries marked "required." You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that IDeal Technologies may contact you and require you to confirm some or all of your Registration Data before using certain parts of the OfferUp Service. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the OfferUp Service if in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete.
3. You are responsible for maintaining the confidentiality of your account credentials and for all activities, charges and/or liabilities that occur from your account, whether or not authorized by you. You must immediately notify IDeal Technologies of any unauthorized use of your account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
We may at times offer features enabling you to apply for or request certain badges (each, a “Badge”) to be associated with your OfferUp Service account, including through your account profile. We may make available the TruYou feature (“TruYou”), which is a voluntary feature through which we may associate a TruYou Badge with certain users that have provided personal identification documents (e.g., a driver’s license) to us. Where you see the TruYou Badge associated with a user’s account, that is a designation that that user has chosen to use the voluntary TruYou feature. THE TRUYOU BADGE DOES NOT DESIGNATE, AND WE DO NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER WITH A TRUYOU BADGE IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER’S INTEGRITY OR CHARACTER.
If you choose to use the TruYou feature, you represent and warrant to us that (a) any personal identification document that you provide to us is an unaltered and accurate image of your government-issued personal identification document that is without error, and (b) that you have all necessary permissions to provide such personal identification documents to us and your provision of such personal identification documents to us will not violate any law or regulation or cause us to be subject to any investigation, prosecution or legal action. DO NOT USE THIS FEATURE IF THE FOREGOING IS NOT TRUE. We may disclose your photo identification document or certain personal information you provide to our third-party service providers that may help us to detect inaccurate or fraudulent personal identification documents and related information. The TruYou feature and similar programs involving Badges may be discontinued at any time without notice, and we reserve the right to grant and revoke Badges for you or any other user at any time and without any liability to us.
Content You Provide or Transmit
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the OfferUp Service or any other products or services of IDeal Technologies (collectively, "Feedback"), is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
4. DISCLAIMER; LIMITATION ON LIABILITY; INDEMNIFICATION
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you believe is being infringed;
A description of the location of the material that you believe is infringing the copyrighted work (including a URL if possible);
Your contact information (please include your address, telephone number, and email address);
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your Infringement Notice is accurate and that you are the owner of the copyright interest or authorized to act on his or her behalf.
Sign the Infringement Notice and mail or fax the written communication to:
IDeal Technologies, Inc.
Attn: Nick Huzar
1425 Broadway #422
Seattle, WA 98122 Notices
IDeal Technologies may provide you notice of changes or any other matter by displaying notices to you generally through the OfferUp Service or, at its option, by using any contact information you have provided to IDeal Technologies. You agree that notice by the foregoing means shall be deemed complete when transmitted by IDeal Technologies. All notices to IDeal Technologies (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
IDeal Technologies, Inc.
Attn: Legal Department
1425 Broadway #422
Seattle, WA 98122 Time Limitation on Claims and Causes of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the OfferUp Service or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
Governing Law; Venue
YOUR USE OF THE OfferUp SERVICE AND MATERIALS SHALL BE GOVERNED BY, AND THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA FOR ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OfferUp SERVICE OR MATERIALS. YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
Changes to the Agreement
IDeal Technologies reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or making such revised Agreement available through the OfferUp Service. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the OfferUp Service. Your use of the OfferUp Service following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the OfferUp Service to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the OfferUp Service or Materials.